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Jurnal Wawasan Yuridika
Published by Sekolah Tinggi Hukum Bandung
ISSN : 25490664     EISSN : 25490753     DOI : 10.25072
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
Arjuna Subject : -
Articles 236 Documents
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Considering the Application of Mediation Characteristics for Optimizing Dispute Resolution in Industrial Relations: a Worthwhile Endeavor? Nyoman Satyayudha Dananjaya; Alia Yofira Karunian; Kadek Agus Sudiarawan; Made Cinthya Puspita Shara; Putu Ade Harriestha Martana
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4194

Abstract

This article aims to discuss further the importance of the characteristics of non-litigationdispute resolution through mediation in resolving industrial relations disputes. Thisresearch is descriptive with a normative research type, using a statutory approachand data collection using literature study, then the data is analyzed qualitatively. Theresults obtained from this research are that each type of dispute resolution has itscharacteristics. One of the main reasons why disputes cannot be resolved througharbitration is limited authority. Apart from that, the lack of information, abilities,and knowledge of the parties regarding conciliation and negotiation is the cause ofthese problems. Therefore, mediation is chosen due to its distinctive characteristicscompared to other non-litigation resolutions, such as the mediator's role in assistingthe parties, the absence of decision-making authority, the mediation process focusingon the future, and fostering the creation of win-win solutions.
Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges Abdurrakhman Alhakim; Shelvi Rusdiana; Rufinus Hotmaulana Hutauruk
Jurnal Wawasan Yuridika Vol 7, No 1 (2023): March 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i1.4209

Abstract

Youth development has always been an important aspect in the fight against drug abuse, which includes the effort in dealing with underage drug abusers to help them reflect and get back to society. Using normative legal research method, this research dives deep into the challenges facing underage drug abusers on their way back to society and how these challenges impact their future involvement with drugs and their ability to function normally. Through statutory approach, this research finds the possible normative construction to provide a concrete framework of restorative justice. With the restorative justice approach, societal challenges facing underage drug abusers such discriminations, prejudice, and labelling can be met with solutions that provide implementation during the process of rehabilitation and after it.
Standard Clause Problems in E-Commerce Based on Indonesian Civil Law Hetty Hassanah; Wahyudi Wahyudi; Norazlina Abdul Aziz
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4226

Abstract

Standard clauses are agreements determined by one party, usually a business actor. Standardized clauses are always part of e-commerce agreements, and this can be considered legal because it implements the principle of freedom of contract. This research aims to determine standard clauses in e-commerce in terms of civil law in Indonesia. The study is descriptive and utilizes normative juridical research through a legislative approach. Subsequently, secondary data collection techniques were employed using a literature review. The acquired data were then subjected to qualitative analysis. Based on the analysis in this research, it is known that standard clauses embody the principle of freedom of contract as regulated in Article 1338, paragraph (1) of the Code of Civil Law. However, they must still fulfill the legal requirements of the agreement as regulated in Article 1320 of the Code of Civil Law.
Precarious Struggle to Criminalize Radicalization and Terrorism Doctrine Actions Tantimin Tantimin; Shenti Agustini; Febri Jaya; David Tan
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4210

Abstract

Radicalism and terrorism are closely related as threats to peace and harmony, as bothare flawed manifestations of religious values and ideologies. The radicalization processcarried out by members of various terror organizations in Indonesia has not receivedmuch attention and hasn’t been responded with concrete efforts to stop its spread asthe precursor to terrorism. The normative legal research method is used in this studyto analyze the positive elements and purposes of regulations related to the educationalsystem, free speech, and radicalism prevention in Indonesia. Findings of this studyillustrate the legal urgency in Indonesia to carry out normative construction regardingthe criminalization process of radicalization, as well as its limitations and obstacles,as part of the effort to prevent criminal acts of terrorism. As a point of prevention andresistance to the spread of radicalism and terrorism in Indonesia, this criminalizationprocess is juxtaposed with the existing education system.
Strategies for Ratifying Marriage Agreements to Avoid Partnership Liabilities Almaududi Almaududi; Shafira Hijriya
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4217

Abstract

This research aims to analyze the regulations and strategies for validating marriage agreements. This normative juridical research prioritizes secondary data as primary, secondary, and tertiary legal materials. Data was collected through document and literature studies and then analyzed qualitatively using a statutory and historical approach. The research findings indicate that the development of marriage agreement regulation can be categorized into three phases: before the enactment of Marriage Law, after the enactment, and after the Constitutional Court Decision No. 69/PUU-XIX/2016. Moreover, regulation remains unclear and has not been followed with legislation, giving rise to "strategies" to avoid partnership liabilities. One party may create a marriage agreement after entering into Marriage, and subsequently, that party only validates the marriage agreement before a notary (waarmerking).
The Position of the Regent's Circular Letter Regarding Village Regulations in Legislation Sri Sudono Saliro; Muslimah Muslimah; Mualimin Mualimin
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.611

Abstract

The purpose of this study is to determine with certainty the position of the Regent'sCircular Letter, and legal implications arising from the Regent's Circular Letter againstVillage Regulations. This paper study is descriptive analysis in nature, and the type ofstudy is normative juridical with the statutory approach method. The type of data usedis secondary data and the method of collecting it uses library study and interviews. Thecollected data is processed and analyzed qualitatively in order to arrange systematicsentences based on the order of the problem. The research findings reveal that theRegent's Circular is a policy regulation and not a statutory regulation. Although in itsimplementation it is positioned as an official document containing instructions fromthe local government to the village government as a subsystem of government. Thelegal consequence is that it cannot be included as a consideration considering andconsidering the formation of village regulations.
The Role of Visum et Repertum (VeR) and VeR Psychiatricum (Legal Study of FD Murder Cases in Jakarta, 2023) Rospita Adelina Siregar; Dyandra Eunike Nauli Sinaga
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4257

Abstract

This research aims to analyze the role of law in handling the FD death case in Jakarta and its impact on the criminal justice system. The method used is normative juridical research with a statute approach and case approach. The results showed that during the examination of the suspect, an inconsistent change in attitude led to the decision to refer to the Police Hospital. The Psychiatric VeR stated that the suspect had a mental disorder of schizophrenia depression, thus following the provisions of Article 184 of the Criminal Procedure Code. According to Article 44 paragraph (1) of the Criminal Code, the suspect's actions cannot be accounted for due to mental disability, so he cannot be convicted. This finding underlines the important role of law and psychiatry in determining the criminal responsibility of a person with mental illness, contributing to the reform of a fairer and more humane justice system.
Sustainability of National Development Program During Transition of Leadership In Indonesia Firdaus Arifin
Jurnal Wawasan Yuridika Vol 8, No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4319

Abstract

The sustainability of national development programs in Indonesia is often hindered by leadership transitions, which create uncertainty in the implementation of long-term policies. This study aims to analyze the weaknesses of the existing legal framework, particularly Law No. 59 of 2024 concerning the National Long-Term Development Plan (RPJPN), in ensuring the continuity of development programs amidst political dynamics. A normative approach with qualitative juridical analysis was employed, examining relevant legislation and literature. The findings reveal that the current legal framework needs to be more robust to protect strategic programs from policy changes caused by government transitions. Additionally, the lack of flexibility within the legal instruments makes it difficult to adapt to political changes. This study recommends more responsive and adaptive legal reforms and enhances synergy between central and regional governments to ensure policy stability. These findings contribute to the theoretical development of development law and have practical implications for policymakers in Indonesia, particularly in designing a more robust and stable legal framework to support long-term development.
The Impact of Pre-Trial Detention on Prison Overcrowding: Perspectives From Indonesia's Criminal Justice System Hamja Hamja
Jurnal Wawasan Yuridika Vol 8, No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4303

Abstract

The decision to detain suspects in detention centers or prisons has contributed to the rising occupancy rates, leading to overcrowding in prisons. This study aims to understand the fundamental values underpinning the implementation of pre-trial detention policies in Indonesia and their impact on the increased congestion in prison facilities. The study employs a descriptive approach with a normative juridical research type. The issues are examined using statutory and conceptual approaches. Data collection is conducted through a literature review, and the data is analyzed qualitatively. The research findings reveal that the law provides a robust foundation for implementing alternative offender penalties aside from imprisonment. However, the understanding of law enforcement officers as instruments of law enforcement still tends to favour decisions on pre-trial detention and large-scale detentions. Social and political factors remain the primary basis for the application of suspect detention, subsequently driving the escalation of prison overcrowding cases.
Legal Politics and Fulfillment of Citizens’ Basic Rights in Indonesia’s Democratic State Otong Syuhada; Ikmal Hisham; Nazli Ismail Nawang
Jurnal Wawasan Yuridika Vol 8, No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4190

Abstract

The purpose of this study is to analyze the state’s responsibility in fulfilling the fundamental rights of every citizen. It is a descriptive-normative research, utilizing both statute and policy approaches. The data for this study were collected using library research methods and will be analyzed through qualitative techniques. The study found that the fulfillment of fundamental rights such as education (8.69 million) and poverty alleviation (9.57% or 26.36 million). However, the fulfillment of fundamental right to employment has not been optimally realized, reaching only (8.42 million). Therefore, the government must take strategic measures to address these issues through more concrete legal politics that directly cater to the interests of all layers of society.

Page 21 of 24 | Total Record : 236

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